James Mcmahon Town Herdsman Collingwood Victoria Australia

JAMES McMAHON
Born: 1806, Tyrone, Ireland
Married: MARIA KELLY (daughter of Robert Kelly & Isabella Carothers) in Tyrone
Died: 2nd October, 1872, Invercargill, South Island, New Zealand
1847, Port Phillip Directory, Towns Herdman, Collingwood

18th January 1848, The Melbourne Argus
CHARGE OF MURDEROUS ASSAULT. On Thursday morning, a person named Armstrong, residing in the vicinity of the Merri Creek, who had evidently received recent and severe injuries about the head, appeared at the Police Office for the purpose of preferring a charge of assault against a person named McMahon, town herdsman at Collingwood. From the evidence of a lad named John Cornelious, it seemed that a few days since M'Mahon was bringing home the town herd, many of the cattle in which are exceedingly wild, when some boys amused themselves by setting some dogs at the cattle, upon which M'Mahon told them that it they would not desist he would shoot the dogs. Armstrong, who was coming along the road on horseback at the time, and who it appeared was a little the worse for liquor, thinking M'Mahon's observation applied to a dog which was following him, immediately dismounted and seized M'Mahon by the collar ; and after the latter had asked for his release six or seven times, struck Armstrong a back handed blow on the head with a stick ; this was the assault complained of, and the magistrates thinking that
under the circumstances it was justifiable dismissed the case.

18th January 1848, The Melbourne Argus
To the Editor of the Melbourne Argue.
" It doth appear, you are a worthy Judge ; You know the law, your exposition
Hath been most sound, I charge you by the law, Whereof you area well deserving pillar, Proceed to judgment."
MERCHANT of VENICE.
SIR,-I beg to call your attention to a case of assault which, was heard (or pretended so to be) at the Police Office on Thursday last, before the Worshipful the Mayor and Major St. John, and which, for oppression, has never, I feel persuaded been equalled since a Court of Justice has been established in this District. I will detail facts the case, as I was an eye witness to them :~
On Thursday, the 6th instant, I was proceeding from Collingwood towards Melbourne, accompanied by Mrs. Smith, and when I arrived within about two hundred yards of the premises occupied by M'Mahon, one of the town herdsmen, I heard some persons talking very loudly, -this induced me to look towards them, when I perceived M'Mahon and another man talking together in an angry tone. I watched them as I was walking, and when I got within one hundred yards I saw M Mahon (without any actual or con- structive assault having been committed on him) strike the man a brutal blow across the face with the butt end of a large stick, with which he was driving in his cattle, and which was five or six feet long. The blow completely staggered the man. I went to the man's as- sistance, and took him to Melbourne, and the blood was then pouring in a con- tinued stream both from the bridge of his nose and his right temple. The man neither struck M'Mahon, nor raised his hand at him. When the case was brought before the above Magisterial solons, I was called as a witness, and stated the above facts, after which Mr. F. Stephen proposed calling Mrs. Smith, but the gallant Major persuaded his learned colleague that such a course was unnecessary, as her evidence must of course be the same as mine, (admirable tactics in order to get rid of the weight of evidence.) Mr. Stephen then proposed examining Dr. Martin, who attended the complainant, (Armstrong) to shew the severe nature of the attack, and its effects (one of which Dr. M. informed me was paralysis of the right eye,) the man of fight, (and well did he altho one of the great unpaid fight for the defendant) could not imagine what Dr. Martin's evidence could possibly have to do with the case, and the Bench would not allow his evidence to be taken.

To the Editor of the Melbourne Argus.
Collingwood, 23rd January 1848.
SIR,-Although the letter of a Herd's man's Friend was refused insertion in the Argus, said letter being only a fair reply to one from Richard Smith, that appeared in your columns, and was dated 14th January. In his letter, Smith as- serts he gave the only true evidence in the assault case, Armstrongs v. M'Mahon.
Having been requested by several res- pectable parties, to give a plain, simple,
and therefore true statement of the entire facts, in order as they occurred, in this affair. In compliance with this request, I state the following, as being the simple
truth.
On coming home with my herd on the evening of Thursday the 6th instant, I met Armstrong beyond my yards, going towards the Traveller's Rest, he being to appearance drunk ; on getting up to my yards I heard dogs barking, and, on looking round, I saw these dogs were dispersing the cattle, and seeing some boys to whom the dogs appeared to be- long, I called to them to call off their dogs, or I would shoot them; by this time Armstrong was as far past my yards
us the former residence of Mr. J. P.
Smith ; on my calling to the boys as above, he turned back, and accosting two men, who were passing on their way to- wards Newtown, they pointed at me, on which he came back to where I was at the entrance of my stock yards, and without more ado, not even a word, he collared me, and then began to use bad words and shameful expressions. I re- peatedly told him to let me go, or I would give him a hit in the mouth, but he per- sisted in holding me ; on which my man, who was standing close to us, rescued his hold of my collar, on which he caught me by the sleeve of my left arm, when seeing his pertinacity, and my herd scattering, I then, and not till then, struck Armstrong ; John Cornelius, the Danish youth, is upwards of 20 years of age, not a mere boy, as has been repre- sented. I have two more legal evidences, besides a woman and a number of chil- dren, who were present and saw the whole. Smith was not in sight when I struck Armstrong, nor did he come up for some minutes after.
Your insertion of this will much oblige,
Sir,
Your obedient Servant,
JAMES McMAHON.

9th March 1847, The Melbourne Argus
A Knotty Point.-Yesterday, there were fourteen informations filed against various of the inhabitants, for allowing cattle to stray in public places within the town of Melbourne. The first case was that of Mr. John Henderson, for having five head straying, who was fined by Mr. Hull 15s. and costs, upon which Mr. J. P. Smith put in the license of M'Mahon, the town herdsman, who had charge of these cattle, to occupy the Collingwood run for the depasturing of cattle, which he appeared to consider had re- ference to every portion of unsold land within the
town of Melbourne, and on whose behalf he pro-
tested against the proceedings, as he was acting under the licens of the Crown Lands' Commis- sioner for the county of Bourke, whereupon, Mr. Hull said, he should leave the question to be set- tled by his Worship the Mayor and the Crown
Lands' Commissioner. Fortunately, at this junc- ture, the Mayor came upon the Bench, and hav-
ing referred to the Town's Police Act, section 23, said that he was perfectly satisfied as to the con- struction to be put upon it: and, commissioner or no commissioner, he should certainly fine any one against whom it could be proved that he had cattle straying in the streets or public places within the town of Melbourne, keeping in view the comfort and safety of the inhabitants ; and as the town herdsman appeared to consider that he possesed rights which he did not possess, he would give him an opportunity of trying those rights, and direct the constabulary to impound every head of cattle found upon the footpaths within the town, where he had seen them stand, after he had brought them in, for an hour to- gether: probably, however, under his license, he might consider the footpaths of the town of Mel- bourne proper places upon which cattle might graze. Mr. Smith said that M'Mahon claimed the right of the cattle in his charge feeding or sleeping upon the land between Lonsdale-street and the Court House. The Mayor replied, that in every such instance brought before him, he would fine the parties to whom the cattle be- longed ; and to give M'Mahon an opportunity of trying the question, he fined James Hussey, who had four head of cattle at large in a public place within the town of Melbourne, and who pleaded guilty to the same, in the sum of 20s., and 5s. costs. The herdsman could now proceed against him as he thought fit ; if he took no proceedings the remainder of the cases he would entertain that day fortnight, and fine all against whom the charges were established.

15th August 1848, The Melbourne Argus
CAUTION TO DOG OWNERS -Yesterday Mr M'Mahon, town herd keeper, summoned a man named James Harrison for a breach of the 8th section of the Dog Act. Harrison it appeared had been walking in the bush on Sunday week, Having with him a bull dog, and while passing the town herd one of the young cows had attacked the dog, which turned round and severely bit the animal on the lip and throat. The plaintiff in urging his case said the " cow roared like a bull." The bench dismissed the case, as there was no mention of "cows" in the Act, it being intended for the protection of " bullocks," but cautioned the defendant against allowing his dogs to act in the manner sworn to otherwise he might suffer severely, as the plaintiff had his remedy in another court. M'Mahon said he was a public servant, and in possession of the public property, and the owners expected that he would afford his protection to the cattle committed to his keeping, and that was the cause of his bringing forward the present case The bench approved of his motive, but could afford no protection in the present instance.

8th May 1849, The Argus
His Worship the Mayor and Captain Hutton attended on Saturday, and disposed of the following City business:— A man named Peter Dredge, former schoolmaster at Collingwood, a person of most respectable character, was brought before the Bench on warrant charged with cattle stealing. Mr. McMahon, town herdsman, the prosecutor in the case, previous to going into the matter wished of give up the charge against the prisoner,but their Worships would not allow such a course. Mr. M'Mahon then deposed that on Friday last he saw the pri- soner driving one of his cows past Col- lingwood, and that when requested to account for its possession he refused to do so; the cow was marked with M'Mahon's brand, a 7 on near shoulder ; after a fruitless endeavour to persuade Dredge to give up the cow, M'Mahon gave him into the custody of a constable upon the present charge ; the cow in question had been missing from M'Mahon's herd for the last twelve months. Dredge called no witnesses for the defence, but entered into an explanation as to how he became possessed of the cow. A dairy-keeper at Bacchus Marsh, named Speed, about eleven months back, had given the cow with several others, to Dredge in payment for the education and support of two children ; these cows had been grazing on a small farm at Bruswick, near Melbourne, for some months back, and on Friday last they were being driven to Brighton, where the prisoner had lately purchased a small farm, when the prosecutor saw and claimed the cow, which he would have delivered to him but for his insolent language and demeanour. The Mayor said he re- collected Speed having a dairy at Bacchus Marsh, and his having cows branded like the one in question. The Bench dis- charged the prisoner, who on going out of Court took possession of the cow. Mr. M'Mahon applied to the Bench for an order to take the cow, but their Worships refused to interfere in the matter.

23rd January 1902, The Argus
Mrs. McMahon, a very early colonist, died at her residence, Tyrone, Ormond-road, El- sternwick, yesterday, in her 92nd year. Deceased was born in Tyrone, Ireland, and arrived in Australia with her husband in 1841. For many years she resided at Frankston, having a cattle station extending from Frankston to Mordialloc. Her husband, the Iate James McMahon, died in 1872, when on a visit to New Zealand. They leave a grown-up family. Three sons re- side in Gippsland, the eldest son being Mr. John McMahon, J.P., of Trafalgar. The eldest daughter, is married to Mr. John Keys, of Keysborough,late member for Dandenong and Berwick, and there are two single daughters.